Re: Shrinkwrap Licenses - Reply re UCC2b

In response to Rod McCarvel's posting, there's no question that the definitions of "computer program," "data," the "functional" aspects of a program, etc. are difficult, and that their treatment in the law does not always tie to the understandings of computer science professionals (who do not themselves always agree upon these points). This is a big subject however, and it has been much discussed in the caselaw and literature. To say that there is no difference whatsoever between data and the "functional" aspects of programs, at least in the sense of their instructional code or the operations they enable users to perform, however, seems an extreme generalization, which is largely inconsistent with the general understanding that underlies most of the legal treatment (in patent and copyright law) of computer programs.

Kerry L. Konrad
<k_konrad[_at_]stblaw.com> Received on Fri Aug 28 1998 - 16:12:53 GMT